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" An audita querela is where a defendant, against whom judgment is recovered, and who is therefore in danger of execution, or perhaps actually in execution, may be relieved upon good matter of discharge, which has happened since the judgment: as if the... "
Reports of Cases Decided in the Appellate Courts of the State of Illinois - Σελίδα 56
των Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1894
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The New Instructor Clericalis: Stating the Authority, Jurisdiction and ...

John Impey - 1785 - 576 σελίδες
...v An íUídita querría -is where the défendant1, agíinft whom judgment is recovered, and who ie therefore in danger of execution, or .perhaps actually...in execution, may be relieved upon good matter of difcharge, which has happened fince the judgment; as if the plaintilt' hath given him the general releafe...

The New Instructor Clericalis: Stating the Authority, Jurisdiction, and ...

John Impey - 1790 - 812 σελίδες
...defendant, againft A»dtta quartl* whom judgment is recovered, and who is therefore •ln"ift out of in danger of execution, or perhaps actually in execution, may be relieved upon Rood matter of difcharge, which has happened fince the judgment ; as if the plaintiff hath given him...

Commentaries on the Laws of England: In Four Books, Τόμος 3

William Blackstone - 1791 - 506 σελίδες
...juraffectnvincantvr ( idquad jupe- p Sec pa£» 165. " rimjvdicivm cognofttn dtltt ) tnitllienexecution, execution, or perhaps actually in execution, may be relieved upon good matter of difcharge, which has happened Cnce the judgment : as if the plaintiff hath given him a general rcleafe...

Commentaries on the Laws of England: In Four Books, Τόμος 3

William Blackstone - 1794 - 588 σελίδες
...obferved in a former chapter p. '* III. AN audita querela is where a defendant, againft whom, judgment is recovered, and who is therefore in danger of execution,...in execution, may be relieved [ upon good matter of difcharge, which has happened fince the judgment : as if the plaintiff hath given him a general releafe...

Commentaries on the Laws of England,: In Four Books, Τόμος 3

William Blackstone - 1794 - 588 σελίδες
...obferved in a former chapter p. III. AN atidita querela is where a defendant, againfr. whom judgment is recovered, and who is therefore in danger of execution,...or perhaps actually in execution, may be relieved [ 4°6 J upon good matter of difcharge, which has happened fince the judgment : as if the plaintiff...

A System of the Laws of the State of Connecticut: In Six Books /.

Zephaniah Swift - 1795 - 990 σελίδες
...OF AUDITA PUERELA, AND WRITS OF ERROR. audita qiierela, is where a defendant agalnfl whom judgment is recovered, and who is therefore in danger of execution, or perhaps in execution, may be relieved upon good matter of ilifcharge, which has happened lince the judgment...

Commentaries on the Laws of England,: In Four Books, Τόμος 3

William Blackstone - 1800 - 562 σελίδες
...is where a defendant, againft whom judgment is recovered, and who is therefore in danger of £ 406 ] execution, or perhaps actually in execution, may be relieved upon good matter of difcharge, which has happened fince the judgment: as if the plaintiff hath given him a general releafe...

A Compendium and Digest of the Laws of Massachusetts, Τόμος 1,Μέρος 2

Massachusetts, William Charles White - 1811 - 214 σελίδες
...audita querela is a writ which lies where a defendant s BI. com. 4 . . Definition. against whom judgment is recovered, and who is therefore in danger of execution,...discharge, which has happened since the judgment. As if the judg- In wimt cases ti.u ment creditor hath given him a generd%release ; or if wri the judgment debtor...

The New Virginia Justice, Comprising the Office and Authority of a Justice ...

William Waller Hening - 1810 - 710 σελίδες
...of a new landlord. (2 Bl. Com 288-9.) Audita ijuerela, is where a defendant, against whom judgment is recovered, and who is therefore in danger of execution,...if the plaintiff hath given him a general release, See. And an andita yuereta is in the nature of a bill in equity. 3 SI. Com 405-6. Averment, in pleading,...

A Compendious and Comprehensive Law Dictionary: Elucidating the Terms, and ...

Thomas Walter Williams - 1816 - 1048 σελίδες
...Te)~minfr. AUDITA QUEKELA, it a writ that lies «here a defendant against whom judgment is reversed, and who is therefore in danger of execution, or perhaps...discharge, which has happened since the judgment. 3 lilark. 404. This writ is granted by the lord chancellor to the justices of either bench, willing...




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